Divided Argument

Will Baude, Dan Epps

An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps.

  • 1 hour 10 minutes
    Aide-de-camp

    After an unpredictably long hiatus, we're back to break down what we missed. We debate the off-the-rails FedSoc panel Dan was on, work through some shadow docket happenings and the Court's two recent DIGs, ponder the implications of the election on the Court, and briefly discuss the first merits opinion of the Term, Bouarfa v. Mayorkas.

    17 December 2024, 7:51 pm
  • 1 hour 12 minutes
    Separation-of-Powers Police

    After a long hiatus, we're particularly unpredictable with an episode that isn't about the Supreme Court. We're joined by NYU law professor Daryl Levinson to talk about his exciting and important new book on constitutional theory, Law For Leviathan: Constitutional Law, International Law, and the State. Listen to learn why the Supreme Court's constitutional pronouncements on separation of powers might not matter as much as you thought—and along the way you'll find out what might happen to Will if he starts breaking into his colleagues' cars at the University of Chicago parking lot. 

    Law for Leviathan: https://global.oup.com/academic/product/law-for-leviathan-9780190061593?cc=us&lang=en&

    26 September 2024, 1:55 pm
  • 1 hour 16 minutes
    Not the Best Founder

    We take a long last look at two more end-of-term cases, where the Court made news with what it did NOT decide: Moyle v. United States (the abortion/EMTALA case), and Moody v. Net Choice (state regulation of social media). But first, a bit of debate about some prominent figures in constitutional history.

    9 August 2024, 9:00 am
  • 1 hour 2 minutes
    Hype Music

    Unpredictably, our recent torrent of episodes continues. We take a deep dive into Moore v. United States, which addressed the scope of Congress's constitutional power to tax. 

    5 August 2024, 9:00 am
  • 1 hour 11 minutes
    Reticulated Python

    We continue our breakneck pace and dig into two substantive criminal law opinions: Fischer v. United States and Snyder v. United States. 

    1 August 2024, 9:00 am
  • 58 minutes 55 seconds
    Ultimatum Game

    We're back just a few days after our last episode to dive in to Harrington v. Purdue Pharma, a 5-4 decision about the power of the bankruptcy system to release claims against third parties.

    29 July 2024, 11:15 am
  • 1 hour 12 minutes
    Libertarian Legal Morality Tales

    As the dust settles on the end of the term, we look back to examine two of the Court's criminal procedure cases: Smith v. Arizona (applying the Confrontation Clause to expert testimony) and Diaz v. United States (interpreting Federal Rule of Evidence 704(b)) after a brief discussion of AI, political developments, and judicial robes.

    26 July 2024, 3:31 am
  • 1 hour 25 minutes
    Evil Batman

    After a vacation-related hiatus, we're back to discuss Loper Bright Enterprises v. Raimondo (overruling Chevron) and Corner Post v. Board of Governors (time limits for challenges to regulations). We try to figure out just how disruptive these decisions will be for the administrative state and somehow manage not to waste half the episode debating Supreme Court ethics.

    19 July 2024, 12:23 pm
  • 1 hour 15 minutes
    Back on the Island

    Will makes Dan interrupt his vacation to talk about the case you've all been clamoring for: Trump v. United States.

    4 July 2024, 6:08 am
  • 1 hour 34 minutes
    Hope Springs Eternal
    30 June 2024, 5:10 pm
  • 1 hour 8 minutes
    Felony-Adjacent

    We cut to the chase with extended discussions of two of last week's cases: United States v. Rahimi, which upheld a federal gun law against Second Amendment challenge and produced six concurring and dissenting opinions; and Erlinger v. United States, a case about the jury's role in sentencing that continues a line of cases starting 25 years ago in Apprendi v. New Jersey.

    26 June 2024, 2:37 am
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